How about living off-shore but having a U.S hosting account?
Frankly it's a lot simpler to be hosted outside the US. Don't get the idea that "offshore hosting" is a necessity - there are plently hosts in the world and the majority of countries have no problems or care about USC 2257. Common sense prevails on the age thing.
Actually living offshore is the "ultimate" deal and probably the only true "legal" way. Tho, for people with US citzenship - there are plently implications in the background. If ya are not a citizen of the US, Lybia or Saudi, - there are no problems in that all other countries offer "freedom" to their citizens to do what the fuck they like with their lives.
Again.. living offshore and hosting in the US does not make any difference to the legality - ya still got to abide by the laws of the country where your host is based. Tho I'd like to see any US authority try and prosecute an offshore corp for something like a violation of 2257 :-)
According to http://www.xxxlaw.net on the 2257 table (click whats new then click the table link):
"Producer does not include....A provider of Web-hosting services who does not manage the content of the computer site or service"
So my interpretation is that hosting in the USA is irrelevant, its only where the primary and secondary producers of content live that matters.
Therefore, it only matters where your main business activities are conducted...so if you have a non-US presence + use non-US based processing then you do not have to stress over this even if you are physically hosted in the USA!
Originally posted by chilihost According to http://www.xxxlaw.net on the 2257 table (click whats new then click the table link):
"Producer does not include....A provider of Web-hosting services who does not manage the content of the computer site or service"
So my interpretation is that hosting in the USA is irrelevant, its only where the primary and secondary producers of content live that matters.
Therefore, it only matters where your main business activities are conducted...so if you have a non-US presence + use non-US based processing then you do not have to stress over this even if you are physically hosted in the USA!
cheers,
Luke
Good point. Many forgiegn companies host inside the US because bandwidth is less expensive.
I own both paysites (which are easy to make compliant) but it's my free sites that are my big problem. I pull 500K a year off my free stuff and the profit margin is like 10x higher than for the pay stuff.
Giving up this income isn't even and option for me.
Jay, here are my thoughts as a non-lawyer and a non-US citizen:
if all your domain names are registered to a foreign address and all your 2257 statements list the same address as the place that houses your docos, then technically you are complying with the law but it would be impossible for US authorities to verify or audit your complaince since US authorities do not have the right to enforce their regs in a foreign country.
If anyone is a lawyer I would appreciate hearing feedback on this.
Originally posted by xxxjay Good point. Many forgiegn companies host inside the US because bandwidth is less expensive.
I own both paysites (which are easy to make compliant) but it's my free sites that are my big problem. I pull 500K a year off my free stuff and the profit margin is like 10x higher than for the pay stuff.
Giving up this income isn't even and option for me.
You make all that money and dont have a lawyer at your beck and call?
Originally posted by chilihost
if all your domain names are registered to a foreign address and all your 2257 statements list the same address as the place that houses your docos, then technically you are complying with the law but it would be impossible for US authorities to verify or audit your complaince since US authorities do not have the right to enforce their regs in a foreign country.
That's what I'm saying - seems like the only possible work-around.
I see not one thing wrong with this picture..totaly possible, I wanted to move to Costa Rica anyway, just bought some property there, looks like things might move faster than I wanted...oh wall....darn..will have to work from the beach...and live a great life...doesnt sounds like it will suck.
Originally posted by Trax read the thread before making smart comments
I now read the tread you make that kind of money in adult and just now say oh boy I think I need a lawyer? I am no one compared to him and I have one and a accountant. With his money he could get Cambria.
Originally posted by xxxjay Can anybody say weather moving your servers offshore and setting up a foriegn company being a solution to this problem?
What it would take to comply with this new 2257 is damn near impossible. I think I'd be better offshore.
By having a company set up outside the US with a corp, servers, and bank accounts in aonther country put you outside the Feds jurisdiction?
If nothing else, I think it would make you a less attactive target.
Hey Jay will see you in Florida, lets rap about this then some more for sure. I wanted to know if Costa Rica was far enough out of this US zone of big brother..?
Originally posted by tony404 I now read the tread you make that kind of money in adult and just now say oh boy I think I need a lawyer? I am no one compared to him and I have one and a accountant. With his money he could get Cambria.
so you read the thread, eh?
go read it again until you get the part were jay tells about his lawyer talks.
Originally posted by xxxjay I have several in ATL - I just moved to Cali.
Well thats your problem there are no lawyers in Atlanta who do adult internet law. I am in Atlanta, I know thats why I drove to Tampa this week to see a adult internet lawyer.
Originally posted by Matt 26z It's only a matter of time before the US Government does with foreign porn sites what they did with foreign gambling sites.
It's illegal to process payments for American's playing at foreign online casino's becasue of the high rate of fraud.
Just wait until they say no more processing foreign porn since 2257 can't be checked as easily as American sites.
Damn, what I don't get is why this hasn't happened yet:
All SE's & processors relocate themselves offshore instead of staying onshore.
And why a "transaction proxy"-system hasn't evolved fully yet for ALL online
transactions, a system where you load your "internet payments"-account
in advance by DD, CC, Wire/check/whatever (or let this system auto-bill your CC).
This system should be THE standard for transactions on the net.
If all e-Commerce was built this way,
there would be no issues with CC-rules or fundamentalistic governments.
I dream of that time to arrive... the age of free e-Commerce.
Originally posted by Matt 26z It's only a matter of time before the US Government does with foreign porn sites what they did with foreign gambling sites.
It's illegal to process payments for American's playing at foreign online casino's becasue of the high rate of fraud.
Just wait until they say no more processing foreign porn since 2257 can't be checked as easily as American sites.
Gambling sites are doing just fine and all based offshore.
Originally posted by pornstar2pac yep, I've been in online gambling industry for 6 years. came to adult last year and I can't believe how disorganized this industry really is
Hey man - can you post what you had to do or mail me [email protected] and elaborate?
I make too much money (as I'm sure your do as well) to throw in the cards because of this shit.
going offshore probably would protect you. My friend runs an offshore pharmacy and does a very large ammount of spamming. Its been 3 years now and the only things he mails are yahoo,hotmail, and aol.
btw, panama is a good place if your going offshore. So is Seychelles, they don't have to disclose anything to the goverment, or even thier local goverment
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